USCIS Form DS-4079: Guide to Renunciation of U.S. Citizenship

DS-4079, formally known as the Request for Determination of Possible Loss of United States Nationality, serves as a critical document for individuals clarifying their United States citizenship status with the U.S. Department of State. Its main functions are:

• To assess whether an individual has committed an act that may lead to the loss of U.S. citizenship.
• To establish the voluntary nature and intentionality behind the potential expatriating act as U.S. law requires.

Individuals complete this form when they have performed or are alleged to have performed an act that U.S. law recognizes as a relinquishing act of citizenship. Such acts include, but are not limited to, obtaining foreign citizenship, serving in a foreign government, or serving in armed forces engaged in hostilities against the United States.

The information provided in DS-4079 allows the Department of State to determine if the act was done voluntarily with the specific intent to relinquish U.S. nationality. The outcome of this determination has significant implications, potentially resulting in the issuance of a Certificate of Loss of Nationality if expatriation is confirmed.

Importantly, the form is intended as a safeguard to ensure that any loss of citizenship is not taken lightly and is only pursued by those fully aware of the consequences. Individuals are often advised to seek legal counsel before submitting the form to understand their actions’ repercussions fully.

To be eligible to complete and submit Form DS-4079, officially referred to as the “Request for Determination of Possible Loss of United States Nationality,” an individual must question their U.S. citizenship status or seek to renounce it voluntarily. The U.S. Department of State processes this form.

Key eligibility criteria include:

1. Doubtful Citizenship Status: They would like a formal assessment of their U.S. nationality status if they suspect it may have changed due to specific events or actions.
2. Voluntary Renunciation: They intend to renounce U.S. citizenship. Renunciation is a serious and irreversible action.

Required Evidence for Form DS-4079 Submission:

• Current or most recent U.S. Passport
• U.S. Passport Card
• Consular Report of Birth Abroad
• Naturalization Certificate
• Certificate of Citizenship
• Timely filed U.S. Birth Certificate

Applicants are advised to consult the nearest U.S. embassy or consulate for any additional acceptable evidence of U.S. citizenship.

It is essential to note that completing this form is strictly for those who have undertaken acts leading to questions about their nationality status or who have decided to renounce their U.S. citizenship, which includes a formal exit interview and filing of the form at a U.S. consulate or embassy if they are outside the United States.

The DS-4079 form is a comprehensive document that requires accurate and detailed information from the applicant. The following subsections are designed to guide one through completing the form.

Personal Information

Applicants must provide their full legal name, date of birth, social security number, and other personal data as requested. All information must match legal documents to ensure consistency and accuracy.

Current Nationality Status

This section requires the applicant’s current nationality status. They should indicate if they possess U.S. citizenship, are a national, or hold citizenship from another country. Documentation may be needed to support the current status claimed.

Previous Nationality Status

Applicants must detail any previous nationalities, including how and when they were acquired. If citizenship was lost, the circumstances surrounding the loss must be explained.

Military Service

Information regarding any military service, including the country’s military forces in which the service was performed, ranks, and the nature of the service, should be provided. Any documents or evidence related to military service must be attached.

Request for Determination of Possible Loss of U.S. Citizenship

The applicant must explain the specific act or event that might have led to the loss of U.S. nationality. Details such as dates, locations, and descriptions of the act or event are paramount.

Signature and Date

The applicant affirms the truthfulness of the information provided by signing and dating the form. A guardian or legal representative may sign for applicants who cannot sign due to age or disability.

Submitting Form DS-4079 involves two significant steps: a detailed application submission at the relevant U.S. consulate and a subsequent consular interview for official review.

Filing and Consulate Submission

An applicant must complete Form DS-4079 thoroughly, attaching additional sheets if necessary to provide complete responses to all questions. The completed form is then submitted to a U.S. embassy or consulate, typically via an online appointment system. Accurate and complete submissions are crucial as they form the basis for the consular appointment and further review.

Consular Interview and Review

At the consular interview, a U.S. consular officer will examine the submitted Form DS-4079 and discuss its contents with the applicant. This step is vital in determining the possibility of loss of U.S. citizenship. The officer’s review is meticulous, ensuring that all relevant information has been provided and that the applicant understands the consequences of their actions.

When filing Form DS-4079, an applicant must provide a set of documents to confirm U.S. citizenship, their identity, and any supplementary evidence that supports the claim of the possible loss of U.S. nationality.

Evidence of U.S. Citizenship

The primary documents required as evidence of U.S. citizenship include:

• U.S. Passport or U.S. Passport Card
• Consular Report of Birth Abroad
• Naturalization Certificate
• Certificate of Citizenship
• U.S. Birth Certificate filed promptly

For additional acceptable documents, contact the nearest U.S. embassy or consulate.

Identification Documents

Applicants must also present valid identification, such as:

• A current or expired U.S. passport
• A government-issued photo ID

These documents help establish the identity of the person filing Form DS-4079.

Supplementary Evidence

Depending on the individual’s situation, supplementary evidence may need to be provided, such as:

• Evidence of residing in a foreign country
• Legal documents regarding name changes or corrections

Attachments should be on extra paper if necessary and must support the application regarding the potential loss of U.S. nationality.

When completing Form DS-4079 for the determination or loss of U.S. nationality, applicants should be aware of the processing timeline and the nature of the adjudication outcome.

Expected Timeframe

The processing time for Form DS-4079 can vary based on various factors, including the processing center’s workload and the case’s complexity. However, applicants are typically informed to expect a processing period that may take several weeks to months. Applicants need to monitor their case status, which can be done through the United States Citizenship and Immigration Services (USCIS) online case status tool or by contacting the designated U.S. embassy or consulate.

Notification of Decision

Once Form DS-4079 is processed, the outcome will be communicated to the applicant. There are two potential results:

• Issuance: The form has been approved, and the determination has been made.
• Refusal: The form has been denied, along with provided reasons.

Applicants will receive notification regarding the decision through the contact information they provided on their Form DS-4079. Applicants must provide accurate contact details to ensure they receive this information promptly.

Form DS-4079, “Request for Determination of Possible Loss of United States Nationality,” is integral to the renunciation process for United States citizenship. Individuals who wish to renounce their U.S. citizenship must do so voluntarily and with the intent to relinquish citizenship, as prescribed by statute.

The process involves several key steps:

• Step 1: Read the detailed instructions.
• Step 2: Complete the form and attach additional sheets if necessary.
• Step 3: Scheduling an appointment with a U.S. embassy or consulate.

Individuals must have an interview at a U.S. diplomatic mission abroad. During this interview, they must articulate their wish to renounce citizenship and demonstrate their understanding of the serious consequences.

Following the interview, if the consular officer approves the renunciation:

• The individual pays a processing fee.
• The DS-4079 form, along with other relevant documentation, is filed.
• Once the formalities are complete, the individual is issued a Certificate of Loss of Nationality (DS-4083).

Consulting an attorney or legal professional before embarking on this process can be helpful, as it ensures the individual understands the ramifications of renunciation, including the potential for never regaining U.S. citizenship.

hen an individual files Form DS-4079, the Request for Determination of Possible Loss of United States Nationality, they initiate a formal process to assess whether they have performed an act causing loss of nationality. This form is used by the United States Department of State to determine if a U.S. citizen has lost their citizenship voluntarily or through automatic means as prescribed by law.

The Immigration and Nationality Act (INA) outlines specific actions that could lead to loss of nationality. These actions include, but are not limited to:

• Naturalization in a foreign country
• Oath of allegiance to a foreign state
• Service in foreign armed forces
• Formal renunciation of nationality before a diplomatic or consular officer

The consequences of filing DS-4079 can be significant. If it is determined that loss of nationality has occurred, the former citizen:

• May lose the right to reside in the United States without proper documentation.
• Will no longer be entitled to protection from the U.S. government when abroad.
• Is no longer eligible for a U.S. passport.
• Must adhere to immigration and visa laws to visit the U.S.

Applicants should be aware that losing U.S. nationality means relinquishing all the rights and privileges associated with American citizenship. They are advised to consult legal counsel to fully understand the direct legal implications and subsidiary consequences before pursuing any action that could potentially lead to the loss of U.S. nationality. Form DS-4079 is a serious document that could alter a person’s legal status and rights; careful consideration and understanding of all potential outcomes is paramount.

When seeking assistance with the DS-4079 form, individuals can contact the Department of State or the United States Citizenship and Immigration Services (USCIS). Here are the methods to reach out for support:

By Email:

• The Department of State does not list a direct email for DS-4079 queries, but individuals can find contact forms specific to their needs on the Department’s official website.

By Phone:

• Reach out directly to the USCIS Contact Center for personalized support.
• For TTY (deaf or hard of hearing) dial 800-877-8339.

USCIS Online Services:

• Utilize your USCIS online account to:
  • Receive automatic case alerts
  • View processing times
  • Upload supporting documents
  • Update personal information
  • Send secure messages

For Legal Representation:

• Depending on the service center processing the case, attorneys and accredited representatives may inquire via dedicated email inboxes.

In-Person:

• Schedule an appointment with a local USCIS office, international U.S. embassy, or consulate for face-to-face assistance.

Here’s a resourceful table summarizing the key channels through which individuals can seek assistance:

Should specific contacts for the DS-4079 form exist, the U.S. Department of State and USCIS websites will have the most current information.

The Privacy Act of 1974 and the Paperwork Reduction Act of 1995 are crucial in protecting personal information and reducing the burden of paperwork for individuals when dealing with forms such as the DS-4079. The U.S. Citizenship and Immigration Services (USCIS) strictly adheres to these acts to ensure the ethical management of data solicited from and provided by applicants.

Under the Privacy Act, any information supplied on Form DS-4079 is guarded with confidentiality and is accessible only to authorized personnel. This act mandates that:

• The purpose for the information collection is specified.
• The information is used solely for that purpose.
• Individuals are informed of any consequences of not providing the requested data.

Paperwork Reduction Act mandates involve the following:

• Avoidance of unnecessary duplication of data collection.
• Utilization of clear and comprehensible language.

Here is a summary table for quick reference:

Forms like DS-4079, which may deal with sensitive personal information, are directly impacted by these acts to maintain the integrity and confidentiality of the applicant’s data while ensuring that the information collected is not excessively burdensome.